COMPETITIONS HANDBOOK 2016 38

AJ Lord

COMPETITIONS HANDBOOK 2016

COMPETITIONS HANDBOOK 2016 2

CONTENTS From the Competitions Vice President

3

General Information

4

ALSA Conference

8

Blackstone Advocacy

9

Blackstone Competitions Clayton Utz Witness Exam Norton Rose Fulbright Client Interview King & Wood Mallesons Open Mooting First Year Witness Exam Ashurst Student Paper Herbert Smith Freehills Negotiation Jackson McDonald First Year Mooting Australia Red Cross International Humanitarian Law Moot

10 10 12 14 16 18 20 22 24

Pre-Law Competitions Pre-Law Mock Trial Pre-Law Negotiation Pre-Law Mooting

27 27 29 31

External Competitions AMPLA Mining Moot Inter-Law Competitions AMPLA Student Paper Heenan-Payne Prize The Honourable Michael Kirby Contract Law Moot Sir Harry Gibbs Constitutional Law Moot Baker & McKenzie National Women’s Moot Philip C Jessup International Law Moot

33 33 34 35 36 38 39 40 41

COMPETITIONS HANDBOOK 2016 3

FROM THE COMPETITIONS VICE PRESIDENT My name is Amelia Westerside, and I am the Competitions Vice President for the Blackstone Society for 2016. I have a vast breadth of experience with Blackstone competitions, including participation in pre-law competitions, and law competitions in my time as a Juris Doctor student. Now, I am organising and running the large and diverse range of competitions that Blackstone has to offer. Competitions are an easy and fun way to get involved in extra-curricular activities in the law school, to impress potential employers, and gain practical experience by applying skills learned in the classroom to problem scenarios. All the competitions that Blackstone runs give competitors the opportunity to develop various skills required to be a success in the legal profession. These skills include public speaking and advocacy skills, as well as critical thinking and legal research skills. Competitions give competitors an opportunity to deal with material in a way that is unavailable in regular teaching hours in the law degree. Previous competitors have defended murder charges, prosecuted war criminals in the International Court of Justice, made appearances in appellate courts to argue tortious liability, and negotiate over family law matters and who in a divorce gets to keep the family pet. Blackstone caters to the full range of diverse skill levels, experience and legal knowledge of law students at UWA. We provide opportunities for all students to get involved in the competitions portfolio through Blackstone Advocacy, and have two First Year JD students’ only competitions. All our internal competitions are open to all law students, which give you an opportunity to compete externally by representing UWA at the Australian Law Student’s Association July Conference. I look forward to this year, to be able to share the stimulating, challenging and rewarding competitions experience with more law students. I will see you all around the Courtyard! If you have any further enquiries please contact me directly at: [email protected] Amelia

COMPETITIONS HANDBOOK 2016 4

GENERAL INFORMATION ELIGIBILITY Any student who is:  A current, ordinary financial member of the Blackstone Society  Has not graduated from the law school The above students are eligible to compete in all competitions, unless the competitions are First Year JD specific or Pre-Law specific.

DRESS Competitors are expected to dress professionally for their competition. Competitors in “court based” competitions (i.e Witness Examination and Moots) are not expected to robe. Such dress may include a business suit, jacket and tie, or a neat dress or trousers with collared, sleeved shirts. Associates, witnesses, and clients are not expected to dress formally on the nights. However, they should still dress conservatively for the occasion and avoid things like demeaning imagery, offensive slogans, singlets, or thongs.

ON THE NIGHT Most competitions commence at 7pm. This means all competitors must be in the Courtyard to be briefed and allocated a room by the Competitions director no later than 6:30pm. Competitors should not expect the results for the competition on the night. Many of the competition rounds are spread over several nights, the results are withheld until all of the competitions of the round have been completed. Results are then released to all competitors simultaneously. Competitors are expected to assist in returning the competition rooms back to their original state after the competition in that room is finished for the night. After the rooms are rearranged, the competitors are invited to head to the common room where drinks and nibbles are provided. If the judges are willing, an opportunity to mingle, seek further feedback and build your network may arise in this portion of the night as well. Where this is unavailable, the Grand Finals of each Competition are ideal times for networking as well.

COMPETITIONS HANDBOOK 2016 5 If students have any queries about a result or the way in which a competition was conducted on the night, at the common room after the competition is an opportunity for the issue to be raised with the competitions director. Alternatively, send them an email following the competition.

COMPETITION RULES This handbook is only a general guide to competitions. The competition rules are those uploaded onto the Blackstone website. Competitors should take the time to carefully read the rules that apply to their competition. The Competitions Vice President may, with absolute discretion and at any time, make any changes to the rules deemed necessary to facilitate the conduct of the competition. The criteria for eligibility cannot be changed once the cut-off time for registration is reached. On the night, a competitor may seek clarification of the rules as they apply to their competition. At first instance, the competitor should seek out the ruling of the Competitions Director, then the relevant Competitions Officer, and then the Competitions Vice President. The decision on the night will stand, though it may be subsequently appealed.

BLACKLISTING POLICY To ensure registration for competitions is not abused and that only students who are serious about competing register for competitions, Blackstone enforces a strict Blacklisting Policy. A student who is Blacklisted will be prevented from participating in any Blackstone competition for 2 semesters after they are placed on the Blacklist, unless they are removed from the Blacklist. In order to ensure respect for fellow competitors and volunteer judges of competitions, competitors can be Blacklisted for the following conduct:  Withdrawing from a competition within 48 hours of a scheduled round of the competition without a reasonable excuse;  A failure to provide a witness or client when instructed to do so by the Competition Director, relevant Competition Officer, or Competitions Vice President;  Participating or engaging in behaviour that is likely to offend, intimidate, harass, or threaten another competitor; or  Participating or engaging in behaviour that is disrespectful to fellow competitors, witnesses, associates, clients, judges, or University property.

COMPETITIONS HANDBOOK 2016 6 Competitors can be removed from the Blacklist at the discretion of the Competitions Vice President by providing an excuse for the withdrawal, an apology or other reparations necessary. Examples of conduct that may result in the removal of a Blacklisting include:  Volunteering as an associate or client in a Competition ;  Partaking in Blackstone Volunteering or Equity Events; or  Proof of involvement with Guild Volunteering. Competitors who wish to appeal the decision of the Competitions Vice President may appeal by following the process outlined in the “APPEALS” section. In the event of serious breaches of etiquette and professional standards, the Competitions Vice President may refer competitors to the Law Faculty.

APPEALS This handbook is just a guide. The official Appeals Policy appears on the Blackstone website. Students may wish to appeal the conduct or outcome of a particular competition. If the appeal is on the night, then the first appeal is to the Competition Director, or the Competitions Officer, or the Competitions Vice President, depending on availability. The decision on the night made by Competitions personnel will be final and no appeal will be entered into on the evening. Within 24 hours of the complained conduct, or the results being released, a competitor may formalise their appeal by emailing the Competitions Vice President at [email protected] This timing will be strictly enforced. If the competitor is not satisfied with the outcome of the appeal to the Competitions Vice President, then they may notify the Competitions Vice President that they wish to appeal to the Blackstone Executive Board (the Board). The competitions Vice President and the Board have unfettered discretion to address the issues raised by the appeal, including the ability to disqualify competitors and to change the results.

SIGN UP DEADLINES Interested students must submit an entry form before noon on the relevant dates below. Please note competitions are frequently over-subscribed. Where a Blackstone Competition is over-subscribed, preference will be given to JD/LLB students on a first come/first served basis. Where it is a team competition, entrants who apply as a team will get preference over entrants who apply as an individual to be matched with a partner.

COMPETITIONS HANDBOOK 2016 7 Competitors who are successful in gaining a place in a competition will be notified of their place in the competition on the same day that entry shuts. Entries will be via an online portal available at www.blackstone.asn.au/competitions. Stay tuned for announcements as to when entries open. All competitors are taken to have agreed to the Blackstone Competitions Blacklisting Policy by submitting an entry form. COMPETITION Clayton Utz Witness Exam Norton Rose Fulbright Client Interview King & Wood Mallesons Open Mooting First Year Witness Exam Ashurst Student Paper Herbert Smith Freehills Negotiation Jackson McDonald First Year Moot Red Cross International Humanitarian Law Moot Pre-Law Mock Trial Pre-Law Negotiation Pre-Law Moot AMPLA Mining Moot Inter-Law Witness Exam Inter-Law Client Interview AMPLA Student Paper WLWA Heenan-Payne Prize

CLOSING DATE 12pm, 4 March 2016 12pm, 11 March 2016

SEMESTER ELIGIBILITY 1 JD/LLB 1 JD/LLB

12pm, 18 March 2016

1/2

JD/LLB

12pm, 25 March 2016 12pm, 11 May 2016 12pm, 12 August 2016

1 1 2

FYJD JD/LLB JD/LLB

12pm, 19 August 2016 12pm, 26 August 2016

2 2

JD/LLB JD/LLB

TBA TBA TBA TBA TBA TBA 1 April 2016 22 February 2016

Pre-Law Pre-Law Pre-Law JD/LLB JD/LLB JD/LLB JD/LLB JD/LLB

ALSA Conference Competitions

4 July 2016- 1- July 2016 TBA

1 1 2 2 1 2 1 PreSemester Mid Semester 2

TBA

2

JD/LLB

TBA

2

JD/LLB

TBA

PreSemester

JD/LLB

The Honourable Michael Kirby Contract Law Moot Sir Harry Gibbs Constitutional Law Moot Baker & McKenzie National Women’s Moot Philip C. Jessup International Law Moot

JD/LLB JD/LLB

COMPETITIONS HANDBOOK 2016 8

ALSA CONFERENCE

One of the great things about all Blackstone Internal Competitions is that you can win a trip to the Annual Australian Law Students Association (‘ALSA’) Conference to compete. This year the Conference is being held in Hobart, Tasmania at the University of Tasmania, beginning on Monday 4th of July and finishes on Sunday 10th of July 2016. In order to be eligible, competitors must have at least made the Grand Final of their competition and be available on the dates. To compete at ALSA, priority is given first to competitors who won the Grand Final of the Blackstone run Internal Competition, then to the first runner up, second runner up and third runner up. Blackstone provides sponsorship for attendance and competing at the conference. Last year Blackstone sent 9 competitors to the ALSA Conference, whom competed in 4 different competitions. Whilst the contingent was not hugely successful, with Client Interview being the exception, all those who went had a hectic and fun week of partying with students from around Australia. With events such as cocktail parties, black tie galas, and a fancy dress cruise, the week always is one of the most enjoyable opportunities that the competition portfolio has to offer. The conference is also an excellent opportunity to build up your professional network, as you are able to meet and compete against students from all over Australia. You meet the best of the best law students from around the nation, and if you choose to get involved with more external competitions, you may and likely will see these students again!

"The ALSA King and Wood Mallesons Championship Moot puts you against the best and brightest law students in Australia. During winter holidays you and over 450 law students from around Australia will fly to Hobart to compete. This presents a great opportunity to represent UWA while making lots of new friends" Matheo, 2015 ALSA Open Mooting and 2016 Jessup competitor

COMPETITIONS HANDBOOK 2016 9

BLACKSTONE ADVOCACY

Blackstone Advocacy is a competitions initiative which allows all law and pre-law students the opportunity to develop their legal advocacy, persuasion, and research skills in a low pressure environment among peers. With weekly sessions, Blackstone Advocacy gives training, ongoing support, and feedback to its participants in regards to all advocacy exercises attempted. Blackstone Advocacy is organised and run by law students whom are deeply experienced with the competitions portfolio. From long time competitors, to former Jessup competitors, these students know all the tips and tricks to becoming a successful competitor in all of Blackstone’s competitions. They also know what judges are looking for in each competition, and can help you cater you competing style to what judges want. Blackstone Advocacy aims to open up the competitions portfolio by allowing anyone and everyone to attend the sessions to gain more of an insight into the Competitions that Blackstone runs, and how to compete in them. It serves to encourage students to participate in both the Internal and External competitions which Blackstone is involved in. Selection criteria for most external competitions which Faculty are involved in do and will have participation in Blackstone Advocacy as a prerequisite for qualifying. After each session, Blackstone Advocacy hosts a social barbecue to provide an opportunity to develop new friendships within the law school.

COMPETITIONS HANDBOOK 2016 10

BLACKSTONE COMPETITIONS CLAYTON UTZ WITNESS EXAMINATION

WHAT IS IT? Single competitors are assigned as counsel for the plaintiff or defendant in a civil trial (or prosecution or defence in a criminal trial). Each competitor will be given a witness to examine. Please note that knowledge of the substantive law is not necessary, as the judges will assess competitors on their advocacy (and not their knowledge of the relevant law). There are 2 preliminary knockout rounds followed by finals.

HOW DO I PREPARE? You must provide a witness for the competition for each week you are competing. Please note that they will be a witness for different pair of competitors. Failure to do so may be a breach of the blacklisting policy (see above). Competitors must also prepare and research independent of any assistance from any other person.

TIME-COMMITMENT The first round has two trials, one starting at 7:00pm, and concluding by 8:30pm, the next starting at 9:00pm and concluding at approximately 10:30pm. All trials in the rounds after the first round will commence at 7:00pm and conclude at approximately 8:30pm. Questions are released to competitors at 2:00pm the day before the trial.

“This competition requires barely any preparation but is very fun! The focus is on examining and crossexamining a witness and on general overall persuasion and logical flow of an argument. It’s a great competition to try if you want to build confidence in public speaking, but don’t want the time commitment of mooting.” Isabella, 2015 Clayton Utz Witness Examination Grand Finalist The stakes are high… but the preparation is low - you only get the problem a few hours before. You get to strut your trial advocacy skills on the big stage, and get great feedback a panel of judges and experienced lawyers.” Sam, Clayton Utz Witness Examination Grand Finalist

COMPETITIONS HANDBOOK 2016 11

HOW LONG DO I HAVE TO SPEAK? Each competitor has:    

2 minutes to give an opening statement; 10 minutes to conduct an examination in chief of their own witness 15 minutes to conduct a cross-examination of their opponent’s witness; and 3 minutes to give a closing statement

WHO IS ELIGIBLE? All JD and LLB students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition. All Pre-Law students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for the Pre-Law Mock Trial competition.

IMPORTANT DATES Sign-Ups close: 12pm, 4 March 2016

Preliminary Rounds Round 1 2

Finals Rounds Round Quarter Final Semi Final Grand Final

Date Tuesday 8 March Wednesday 9 March Monday 4 April Tuesday 5 April

Date Tuesday 3 May Tuesday 10 May Thursday 26 May

Venue UWA Law School UWA Law School UWA Law School UWA Law School

Venue UWA Law School UWA Law School Supreme Court of WA

SIMILAR COMPETITIONS First Year Witness exam, Open Moot, First Year Moot, Pre-Law Mock Trail, Pre-Law Moot.

COMPETITIONS HANDBOOK 2016 12

NORTON ROSE FULLBRIGHT CLIENT INTERVIEW WHAT IS IT? This competition simulates the professional practice where lawyers interview clients for the first time. The objective is for the competitors to extract key information from the client. Competitors will be assessed on their communication skills and their ability to analyse and comprehend the client’s situation. There are 2 preliminary knockout rounds followed by finals. Please note this competition is based on scores (in other words two teams in the same interview may progress to the next round).

HOW DO I PREPARE? Teams may be requested to supply a client at the request of the Competitions Director. Failure to do so may result in a breach of the Blacklist Policy (see above).

TIME-COMMITMENT There are minimal pre-interview preparations to be done. On the night, interviews will last approximately 50 minutes.

HOW LONG DO I HAVE TO SPEAK? Each competitor will have:  30 minutes to interview the client;  15 minutes to debrief in front of the judge; and  5 minutes for judge to converse with the client.

WHO IS ELIGIBLE? All JD and LLB students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition.

“Being part of client interview was super fun. It was a stress free (basically zero prep) way to get involved in the competitions and then being able to attend ALSA was amazing. We got to meet so many different students and share experiences from people around Australia. Client interview was also a great comp to be a part of, because the feedback we received was very helpful not just for for the competition, but was also applicable to other law units, and life in general!” Tegan, 2015 Winner of Norton Rose Fulbright Client Interview

COMPETITIONS HANDBOOK 2016 13 All Pre-Law students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for any of the other Pre-Law competitions. Teams must consist of two eligible competitors. Teams will be given preference over single competitors.

IMPORTANT DATES

“It's a rewarding and fun experience which I would recommend to anyone interested!” Fiona, 2015 Client Interview Competition Director

Sign-Ups close: 12pm, 11 March 2016 Preliminary Rounds Round 1

2

Finals Rounds Round Quarter Final Semi Final Grand Final

Date Monday 14 March Tuesday 15 March Wednesday 16 March Thursday 17 March Tuesday 12 April Wednesday 13 April

Venue UWA Law School UWA Law School UWA Law School UWA Law School UWA Law School UWA Law School

Date Wednesday 4 May Wednesday 11 May Tuesday 24 May

Venue UWA Law School UWA Law School Norton Rose Fulbright Offices

SIMILAR COMPETITIONS Negotiation, and Pre-Law Negotiation

PROUDLY SPONSORED BY

COMPETITIONS HANDBOOK 2016 14

KING & WOOD MALLESONS OPEN MOOTING WHAT IS IT? Pairs of competitors adopt the roles of junior and senior council for either the appellant or respondent. The competition simulated a court case and competitors will prepare an argument based on a hypothetical fact scenario and will make submissions before a judge. The aim is not to present the best argument, but it is the manner in which the argument is delivered. There are 2 preliminary knockout rounds followed by finals.

HOW DO I PREPARE? Competitors are expected to research and prepare of a List of Authorities, a brief Outline of Submissions and the present an oral argument. Each pair must provide a copy of the Submissions to the judge on the night. Competitors must also prepare and research independent of any assistance from any other person.

TIME-COMMITMENT Trials start at 7:00pm and approximately conclude by 8:30pm. Questions and allocated roles are released to competitors at 72 hours before the moot.

HOW LONG DO I HAVE TO SPEAK? Each party is given 15 minutes to make submissions to the bench, during which time the judge may question the speakers.

“The preparation required for open mooting is higher than other competitions, but it is a good outlet for practicing legal skills, and having to turnaround arguments in a short amount of time. That also makes Open Mooting very rewarding, and I found that Open Mooting contributed to my studies by developing my ability to respond to problem scenarios. It is also a good chance to practice drafting submissions, preparing oral arguments, and practice advocacy, and all the judges are very helpful in offering feedback and suggestions.” Richard, 2015 King & Wood Mallesons Open Mooting Grand Finalist

COMPETITIONS HANDBOOK 2016 15

WHO IS ELIGIBLE? All JD and LLB students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition. All Pre-Law students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for the Pre-Law Moot competition. Given the level of substantive legal knowledge required, this competition is recommended for students who have at least completed 1 year of study

IMPORTANT DATES Sign-Ups close: 12pm, 18 March 2016 Preliminary Rounds Round

Date

Venue

1

Monday 21 March Tuesday 22 March Wednesday 23 March Thursday 24 March Tuesday 26 April Wednesday 27 April

UWA Law School UWA Law School UWA Law School UWA Law School UWA Law School UWA Law School

Date Wednesday 18 May Tuesday 9 August Thursday 1 September

Venue UWA Law School UWA Law School Supreme Court of WA

2

Finals Rounds Round Quarter Final Semi Final Grand Final

SIMILAR COMPETITIONS First Year Moot, International Humanitarian Law moot, Witness Exam, First Year Moot, First Year Witness Exam, Pre-Law Moot, Pre-Law Mock Trial.

COMPETITIONS HANDBOOK 2016 16

FIRST YEAR WITNESS EXAM WHAT IS IT? Single competitors are assigned as counsel for the plaintiff or defendant in a civil trial (or prosecution or defence in a criminal trial). Each competitor will be given a witness to examine. Please note that knowledge of the substantive law is not necessary, as the judges will assess competitors on their advocacy (and not their knowledge of the relevant law). There are 2 preliminary knockout rounds followed by finals.

HOW DO I PREPARE? You must provide a witness for the competition for each week you are competing. Please note that they will be a witness for different pair of competitors. Failure to do so may be a breach of the blacklisting policy (see above). Competitors must also prepare and research independent of any assistance from any other person.

TIME-COMMITMENT The first round has two trials, one starting at 6:30pm and approximately concluding by 8:00pm, the next starting at 8:30pm and concluding at approximately 10:00pm. All trials in the rounds after the first will commence at 7:00pm and conclude at approximately 8:30pm. Questions are released to competitors at 2:00pm the day before the trial.

HOW LONG DO I HAVE TO SPEAK? Each competitor has:  2 minutes to give an opening statement;  10 minutes to conduct an examination in chief of their own witness;  15 minutes to conduct a cross-examination of their opponent’s witness; and  3 minutes to give a closing statement.

WHO IS ELIGIBLE? All First year JD students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition.

COMPETITIONS HANDBOOK 2016 17 All other JD and LLB students who are current, ordinary financial members of the Blackstone Society are not eligible to compete in this competition, and are instead encouraged to register for the Witness Exam competition. All Pre-Law students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for the Pre-Law Mock Trial competition.

IMPORTANT DATES Sign-Ups close: 12pm, 25 March 2016

Preliminary Rounds Round 1

Date Tuesday 29 March Thursday 31 March

2

Thursday 7 April

Venue UWA Law School UWA Law School UWA Law School

Finals Rounds Round Quarter Final Semi Final Grand Final

Date Thursday 28 April Thursday 12 May Thursday 19 May

Venue UWA Law School UWA Law School UWA Law School

SIMILAR COMPETITIONS Witness exam, Open Moot, First Year Moot, Pre-Law Mock Trail, Pre-Law Moot.

COMPETITIONS HANDBOOK 2016 18

ASHURST STUDENT PAPER WHAT IS IT? Competitors are given the opportunity to submit and present a paper on a topic of their choice relating to law or justice. An added incentive for students is the academic scholarship offered to winners. The competition allows students to demonstrate research, communication, analytical and presentation skills.

HOW DO I PREPARE? Competitors must submit a paper, which is 3,000-5,000 in length. The top 6 competitors will be invited to give presentations on their paper. Presentations last 10 minutes.

TIME-COMMITMENT Minimal time commitment as students are required to submit papers written for academic assessment in the UWA Law School in the last 12 months. The top 6 competitors will be invited to give presentations on their paper.

HOW LONG DO I HAVE TO SPEAK? The top six competitors invited to give presentations on their paper has:  10 minutes to make the presentation

WHO IS ELIGIBLE? Any person who is a current, ordinary financial member of Blackstone is eligible to compete in this competition. Students may not submit papers that have been published in any other forum prior to the competition.

"The greatest thing about student paper is how different it is from other competitions. This competition allows you to submit a piece of academic work with finalists making a presentation on their topic to a panel of judges. It is a very rewarding experience (especially if one of the judges is an expert in the field you are presenting on) it's also is a great way to get involved in competitions, have your academic work recognized and meet practitioners and fellow law students" Charmaine, 2015 Ashurst Student Paper Grand Finalist

COMPETITIONS HANDBOOK 2016 19

IMPORTANT DATES Event Papers Due Grand Final / Presentation of Papers

Date Wednesday 11 May Wednesday 25 May

Venue Online Ashurst Offices

SIMILAR COMPETITIONS AMPLA Student Paper and WLWA Heenan-Payne Prize

“Being the Student Paper director was rewarding and not too time demanding. It gave me the opportunity to liaise with students and representatives from the sponsor law firm, while being exposed to the work of talented law students.” Amy, 2015 Ashurst Student Paper Competition Director

COMPETITIONS HANDBOOK 2016 20

HERBERT SMITH FREEHILLS’ NEGOTIATION WHAT IS IT? This competition provides participants the opportunity to practice some basic strategies and advice in the negotiation process. It is important to remember that there is no single correct approach to conducting a negotiation, therefore the results will rely on how teams achieve the best possible outcome for the client when taking into consideration their interests and objectives.

HOW DO I PREPARE? No knowledge of substantive law is required. Both teams are given a set of “Common Facts” that both sides know, and “Secret Facts” which are unique to their side of the negotiation. During the negotiation, teams can request one time out in order to consult with their client about concessions.

TIME-COMMITMENT The question is released at 2pm the day of the competition. The negotiation goes for up to an hour, or until the parties come to a resolution. After the negotiation, there is time allocated for judge feedback.

HOW LONG DO I HAVE TO SPEAK? The negotiation process is as follows:  



50 minutes of the negotiating period, where both teams may speak on behalf of their party’s interests 10 minutes reflection period, where teams discuss amongst themselves how they think they went, outlining strong and weak points 10 minutes self-analysis for each team, where the team self-analyse their negotiation and how they think they went with the judge

WHO IS ELIGIBLE?

“Negotiation Competition is an exciting experience with limited legal techniques making it an excellent competition for students of all experience levels. Requiring approximately 4-6 hours of preparation before each negotiation, the competition requires an intermediate level of commitment. The negotiation itself is tactical and logical, testing your creativity, foresight and knowledge of your facts.” Connor, 2015 Herbert Smith Freehills’ Negotiation Grand Finalist

COMPETITIONS HANDBOOK 2016 21

All JD and LLB students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition. All Pre-Law students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for the Pre-Law Negotiation competition. Teams must consist of two eligible competitors. Teams will be given preference over single competitors.

IMPORTANT DATES

“Signing up to be a competitions director was honestly the moment I started calling myself a law student. It’s a great way of honing your networking skills and meeting other law students. I liked the role so much that this year I decided to run as Internal Competitions Director and now I oversee all internal UWA law competitions.” Quentin, 2015 Negotiation Competition Director

Sign-Ups close: 12pm, 12 August 2016 Preliminary Rounds Round Date 1 Monday 15 August Tuesday 16 August 2 Tuesday 30 August Finals Rounds Round Quarter Final Semi Final Grand Final

Venue UWA Law School UWA Law School UWA Law School

Date Tuesday 13 September Tuesday 4 October Thursday 13 October

SIMILAR COMPETITIONS Client Interview, Pre-Law Negotiation, and Student Paper.

Venue UWA Law School UWA Law School Herbert Smith Freehills’ Offices

COMPETITIONS HANDBOOK 2016 22

JACKSON MCDONALD FIRST YEAR MOOTING WHAT IS IT? This competition gives first year students the opportunity to experience mooting and gain valuable skills in preparing and presenting arguments. The competitors will be assigned junior/senior counsel for either the appellant or the respondent. Unlike the open year moot, competitors will be required to advocate for both sides in round one. Competitors will remain as either senior or junior counsel for the duration of the competition.

HOW DO I PREPARE? The substantive legal components of the question will come from areas of law a first year JD student is expected to have. The same question will be used for the duration of the competition to emphasise the advocacy skills of the competitors. Each competitor must also prepare a copy of written submissions to be filed on the night of the trial.

TIME-COMMITMENT The question will be released 72 hours ahead of the first round. As the same question is used in each round it in anticipated there is minimal additional preparations between rounds. On the night a moot is expected to take around 1-1.5 hours.

HOW LONG DO I HAVE TO SPEAK? The proceeding of the moot is as follows:  1 minute appearances for counsel by senior counsel for appellant and respondent  15 minutes submissions from senior counsel for the appellant  15 minutes submissions from junior counsel for the appellant  15 minute submissions from senior counsel for the respondent  15 minutes submissions from junior counsel for the respondent

WHO IS ELIGIBLE? All First year JD students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition.

COMPETITIONS HANDBOOK 2016 23

All other JD and LLB students who are current, ordinary financial members of the Blackstone Society are not eligible to compete in this competition, and are instead encouraged to register for the Open Mooting, or International Humanitarian Mooting competitions. All Pre-Law students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for the Pre-Law Mooting competition.

IMPORTANT DATES Sign-Ups close: 12pm, 19 August 2016 Preliminary Rounds Round 1 2

Date Tuesday 23 August Thursday 25 August Tuesday 6 September

Venue UWA Law School UWA Law School UWA Law School

Finals Rounds Round Quarter Final Semi Final Grand Final

Date Tuesday 20 September Tuesday 11 October Thursday 20 October

Venue UWA Law School UWA Law School Jackson McDonald Offices

SIMILAR COMPETITIONS Open Moot, International Humanitarian Law Moot, Witness Exam, and First Year Witness Exam.

COMPETITIONS HANDBOOK 2016 24

AUSTRALIAN RED CROSS INTERNATIONAL HUMANITARIAN LAW MOOT

WHAT IS IT? This is a simulated trial before the International Criminal Court and follows regular mooting format and procedure. Given the basic knowledge of International humanitarian Law knowledge is not necessarily required; there is a generous preparation period before the moot and teams are provided with a case list suggesting relevant authorities. The problems concern alleged breaches of international humanitarian law and are designed to reflect actual criminal prosecutions, as well as address emerging issues in the law of armed conflict. The competition aims to provide students with an opportunity to explore the area of international humanitarian law, as well develop their research analytical and advocacy skills in a formal environment.

HOW DO I PREPARE? While the same problem is used for the duration of the competition, teams may be allocated to argue either side of the problem. As the same question is used in each round it in anticipated there is minimal additional preparations between rounds.

“IHL Moot, like all of the moots, does require a fair bit of preparation and planning but was a fantastic experience. Because of its international focus, IHL is very different to much of what I’d learnt and researched in uni so this was a really interesting and engaging way to learn about IHL. The highlight of IHL moot was making it to the grand final, and being judged by former judge of the International Criminal Tribunal for Yugoslavia, Kevin Parker.” Tegan, 2015 Australian Red Cross International Humanitarian Law Moot Grand Finalist

A short copy of written submissions is to be filed on the night.

TIME-COMMITMENT The question will be released approximately 2 weeks before the commencement of the first round.

HOW LONG DO I HAVE TO SPEAK? The Moot will proceed as follows:

COMPETITIONS HANDBOOK 2016 25     

1 minute appearances for counsel by senior counsel for appellant and respondent 15 minutes submissions from senior counsel for the appellant 15 minutes submissions from junior counsel for the appellant 15 minute submissions from senior counsel for the respondent 15 minutes submissions from junior counsel for the respondent

WHO IS ELIGIBLE? All JD and LLB students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition. All Pre-Law students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for the Pre-Law Mooting competition. Teams must consist of two eligible competitors. Teams will be given preference over single competitors.

IMPORTANT DATES Sign-Ups close: 12pm, 19 August 2016 Preliminary Rounds Round 1 2

Date Monday 29 August Thursday 15 September

Venue UWA Law School UWA Law School

Finals Rounds Round Quarter Final Semi Final Grand Final

Date Thursday 6 October Tuesday 18 October Thursday 27 October

Venue UWA Law School UWA Law School Supreme Court of WA

SIMILAR COMPETITIONS Open Moot, First Year Moot, Witness Exam, First Year Moot, First Year Witness Exam, PreLaw Moot.

COMPETITIONS HANDBOOK 2016 26

COMPETITIONS HANDBOOK 2016 27

PRE-LAW COMPETITIONS PRE-LAW MOCK TRIAL WHAT IS IT? Like Witness Examination, this competition involves a first instance hearing in which two teams (prosecution and defence) conduct a simulated criminal trial. Each barrister gets to conduct and examination in chief and a cross examination as well as deliver either an opening or closing address to the presiding judge. Each team is responsible for providing two witnesses for each round in which they compete. Any person who is not a competitor is eligible to be a witness. Competitors are assessed on their advocacy skills and the way in which they handle witnesses, extract facts, adapt to the evidence and deliver their case theory. Substantive legal knowledge is not required. Questions are written so the facts, rather than the law are the issues in dispute. This competition is great for people who competed in Mock Trials at school or who think of themselves as the next Mike Ross/Harvey Specter combination. Even for those who just want a fun experience with a mate as a way of getting involved in Blackstone.

HOW DO I PREPARE? You must provide a witness for the competition for each week you are competing. Please note that they will be a witness for different pair of competitors. Failure to do so may be a breach of the blacklisting policy (see above). Competitors must also prepare and research independent of any assistance from any other person

TIME-COMMITMENT The first round has to trials, one starting at 7:00pm and approximately concluding by 8:30pm, the next starting at 9:00pm and concluding at approximately 10:30pm. All trials in the rounds after the first will commence at 7:00pm and conclude at approximately 8:30pm. Questions are released to competitors at 2:00pm the day before the trial.

HOW LONG DO I HAVE TO SPEAK? Each competitor has:  2 minutes to give an opening statement;  10 minutes to conduct an examination in chief of their own witness;  15 minutes to conduct a cross-examination of their opponent’s witness; and

COMPETITIONS HANDBOOK 2016 28 

3 minutes to give a closing statement.

WHO IS ELIGIBLE? All Pre-Law students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition. All JD and LLB students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for Witness Examination. Teams must consist of two eligible competitors. Teams will be given preference over single competitors.

IMPORTANT DATES Sign-Ups close: TBA Rounds: Semester 1, Weeks 5 and 6

SIMILAR COMPETITIONS Witness Exam, First Year Witness exam, Open Moot, First Year Moot, and Pre-Law Moot.

COMPETITIONS HANDBOOK 2016 29

PRE-LAW NEGOTIATION WHAT IS IT? Essentially conducted in the same manner as the Herbert Smith Freehills Negotiation Competition, this competition involves two teams (of two) negotiating on behalf of fictional clients. Teams are given a set of common facts and a set of facts unique to the client they represent, each team is attempting to get the best deal they can for their client whilst obeying the constraints of their clients’ instructions. Competitors are assessed on the way in which they identify the common ground and the key issues to be resolved by the negotiation, as well as the way in which they interact with the offers and suggestions made by the other team. Ultimately how close the outcome is to the wishes of the clients is a big factor in the assessment. No substantive legal knowledge is required to compete in the competition and questions are written in such a way that the law is not really an outstanding issue, but rather the application of uncontroversial laws to contentious facts. This competition is great for people who competed in SCRAM at school or just want to have a laugh and get involved UWA Law.

HOW DO I PREPARE? No knowledge of substantive law is required. Both teams are given a set of “Common Facts” that both sides know, and “Secret Facts” which are unique to their side of the negotiation. During the negotiation, teams can request one time out in order to consult with their client about concessions.

TIME-COMMITMENT The question is released at 2pm the day of the competition. The negotiation goes for up to an hour, or until the parties come to a resolution. After the negotiation, there is time allocated for judge feedback.

HOW LONG DO I HAVE TO SPEAK? The negotiation process is as follows:

COMPETITIONS HANDBOOK 2016 30   

50 minutes of the negotiating period, where both teams may speak on behalf of their party’s interests 10 minutes reflection period, where teams discuss amongst themselves how they think they went, outlining strong and weak points 10 minutes self-analysis for each team, where the team self-analyse their negotiation and how they think they went with the judge

WHO IS ELIGIBLE? All Pre-Law students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition. All JD and LLB students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for Negotiation.  

Teams must consist of two eligible competitors. Teams will be given preference over single competitors.

IMPORTANT DATES Sign-Ups close: TBA Rounds: Semester 1, Weeks 8 and 9

SIMILAR COMPETITIONS Negotiation, Client interview, and Student Paper

COMPETITIONS HANDBOOK 2016 31

PRE-LAW MOOTING WHAT IS IT? Derived from the High Middle German word for meeting in medieval times for the administration of justice, Moot in this context is a competition which simulates a hearing in an appellate court. Competitors act as counsel and must submit brief written submissions and then make oral submissions to the judge and answer any questions the judge may have about the submissions they have made. Competitors are assessed in four key ways: 

The persuasiveness of the written submissions;



The persuasiveness of the oral submissions;



The legal correctness of the submissions; and



Advocacy.

This competition is a fantastic way for pre-law students to start thinking like lawyers and get a feel for some of the research skills that are involved in being a lawyer, and how to apply the law in a practical way. Questions are drafted at a level that reflects the lack of legal background that competitors will have, however students who are interested are encouraged to attend or volunteer as an associate in some of the Blackstone Moots in order to get a feel for what a moot is like.

HOW DO I PREPARE? Competitors are expected to research and prepare of a List of Authorities, a brief Outline of Submissions and the present an oral argument. Each pair must provide a copy of the Submissions to the judge on the night. Competitors must also prepare and research independent of any assistance from any other person.

TIME-COMMITMENT Trials start at 7:00pm and approximately conclude by 8:30pm. Questions and allocated roles are released to competitors at 72 hours before the moot.

HOW LONG DO I HAVE TO SPEAK?

COMPETITIONS HANDBOOK 2016 32

Each party is given 15 minutes to make submissions to the bench, during which time the judge may question the speakers.

WHO IS ELIGIBLE? All Pre-Law students who are current, ordinary financial members of the Blackstone Society are eligible to compete in this competition. All JD and LLB students who are current, ordinary financial members of the Blackstone Society are not eligible, and are instead encouraged to register for Open Mooting, or International Humanitarian Law Mooting. Teams must consist of two eligible competitors. Teams will be given preference over single competitors.

IMPORTANT DATES Sign-Ups close: TBA

Preliminary Rounds Round 1 2

Date TBA TBA

Venue UWA Law School UWA Law School

Finals Rounds Round Quarter Final Semi Final Grand Final

Date TBA TBA TBA

Venue UWA Law School UWA Law School UWA Law School

SIMILAR COMPETITIONS Open Moot, International Humanitarian Law Moot, First Year Moot, Witness Exam, and First Year Witness exam.

COMPETITIONS HANDBOOK 2016 33

EXTERNAL COMPETITIONS AMPLA MINING MOOT WHAT IS IT? In conjunction with the Australian Mining and Petroleum Lawyers Association (‘AMPLA’) Blackstone, Murdoch and Notre Dame Student Law Societies have combined to create an exclusive stand-alone inter-university moot. The AMPLA Mining Law Moot is conducted as a single round, consisting of written submissions followed by oral submissions. The question is generated by AMPLA with a specific focus on mining and energy issues. Past AMPLA questions have covered questions of State Agreements, native title interaction with mining schemes and breaches of contracts in the mining context. The judges will all be AMPLA members - experienced practitioners who specialise in mining law. This is an excellent networking opportunity to be involved in, as well as an exciting new competition that will really get the competitive juices flowing with Blackstone’s reputation at stake.

STRUCTURE  

 

One team to represent each university. Each team will consist of 3 members: o One solicitor to assist in preparation of submissions o Two counsel to present oral submissions Applications will be open to students who have studied the ‘Mining and Energy Law’ unit Competitors will be expected to have a passion for this area and have strong academic record. Past experience with competitions will also be taken into account.

DATE The date for the competition is TBA, but it will occur in Semester 2. Students will be invited to apply to compete approximately four weeks prior to the competition. Prior to the competition there will be an evening at which AMPLA will come and speak to competitors about mining law and how mining litigation proceeds.

COMPETITIONS HANDBOOK 2016 34

INTER-LAW COMPETITIONS WHAT ARE THEY? An initiative in conjunction with the other Law Student Societies of Perth, Blackstone is pleased to be able to offer students and opportunity to represent Blackstone in standalone competitions of Witness Examination and Client Interview.

STRUCTURE Competitors will be selected by each University’s Student Law Society. Each University’s Student Law Society will send one competitor, or team of competitors, and one witness. The competitions will be a knockout competition, starting at the semi-final stage, with law schools drawn randomly. The competitions themselves will proceed in accordance with ALSA rules, which our Blackstone Competition Rules seek to replicate.

IMPORTANT DATES The dates for the competitions are yet to be finalised. Inter-Law Witness Examination is likely to occur in the latter stages of Semester 1. Inter-Law Client Interview is likely to occur in the latter stages of Semester 2.

COMPETITIONS HANDBOOK 2016 35

AMPLA STUDENT PAPER WHAT IS IT? The Western Australian Branch of AMPLA Limited is offering a prize of $1,000 for an essay dealing with an aspect of Resources or Energy Law. The subject matter of the essay must deal with an aspect of Resources or Energy Law. The length must be at least 3,000 words. The style and citation should conform with conventional law review style. The winning essay will be considered for publication in the Australian Resources and Energy Law Journal and the writer may be invited to present the paper at the AMPLA (WA Branch) State Conference, Annual General Meeting or other AMPLA function.

WHO IS ELIGIBLE? All persons resident in Western Australia, who are currently enrolled in either an undergraduate or postgraduate Juris Doctor study in law or holders of an undergraduate degree or postgraduate Juris Doctor degree in law, until the sixth anniversary of graduation.

IMPORTANT DATE Deadline for submission of essays is 1 April 2016.

SUBMISISON DETAILS Essays should be submitted to the AMPLA WA Branch President: Matthew Knox MinterEllison Level 4, 77 St Georges Tce, Perth WA 6000 Telephone: 6189 7856 Email: [email protected]

COMPETITIONS HANDBOOK 2016 36

Heenan-Payne Prize WHAT IS IT? The Heenan-Payne Prize is an annual prize, established by WLWA in the early 1990s to encourage the study of feminist legal issues. The prize commemorates the work of two trailblazing women lawyers in Western Australia – Mrs Joan Heenan and Mrs Vivien Payne. The winner of the Heenan-Payne prize 2016 will receive:  $1,000 award;  Award certificate; and  1 free ticket to attend WLWA Honours Dinner

WHO IS ELIGIBLE? Applicants must be: 1. Enrolled at university in the 2016 academic year; and 2. Enrolled in an undergraduate, graduate or post graduate law degree at a university in Western Australia.

IMPORTANT DATES Entries close on Monday 22 February 2016. The Heenan-Payne prize will be presented at the WLWA Honours Dinner on Friday 11 March 2016.

SUBMISISON DETAILS Applicants must submit a paper of between 2000 and 4000 words which examines any legal question(s) from the perspective of women and was either: 1. Prepared and presented for assessment in any of their law units; or 2. Prepared in the course of their law studies (whether or not presented for assessment). Papers prepared for Honours degrees may also be submitted. Applicants should submit the following by 22 February 2016:  3 x copies of their paper;  Curriculum vitae, including their contact details and details of their community involvement; and  A reference from a person other than the applicant commenting on the applicant's community activities or courage and determination in pursuit of legal studies. Entries should be submitted to:

COMPETITIONS HANDBOOK 2016 37 WLWA PO Box Z5330, Perth WA 6831 or [email protected]

SELECTION CRIETRIA The criteria, which the Selection Panel will consider when assessing the paper, will be:  Academic excellence;  An ability to analyse legal problems from a feminist perspective;  An understanding of the discrimination suffered by women in the legal system and/or society as a whole; and  An analysis of means for effective reform, or for the improvement of the status of women. Applicants must also demonstrate a commitment to social justice and equality, by involvement in student, professional, community or other activities that are aimed at improving the position of women or other disadvantaged groups, or demonstrate courage and determination in their pursuit of legal studies.

COMPETITIONS HANDBOOK 2016

38

The Honourable Michael Kirby Contract Law Moot WHAT IS IT? The about us section on the VU Kirby Moot Website gives a description about the Moot. It is as follows: ‘”Although first established in 2011 by Victoria University, the Annual Michael Kirby Contract Law Moot Competition has quickly become the premier, national mooting competition in contract law for universities around Australia”. It is a national contract law moot, which UWA sends a team to each year to compete on behalf of the University, rather than on the behalf of Blackstone, as the other external competitions. More information about eligibility, important dates and selection criteria will be available on the UWA Faculty of Law Website.

“Through mooting I really engaged with the content I was learning in my degree. I actually understood what repudiation was by participating in the Australian Kirby Contract Law Arbitration Moot.” Shannon, 2013 Kirby Moot Team

COMPETITIONS HANDBOOK 2016 39

Sir Harry Gibbs Constitutional Law Moot

WHAT IS IT? The Moot is Australia's premiere mooting competition, bringing together the nation's best and brightest constitutional law mooters for a spectacular festival of mooting. The competition is structured as a three moot roundrobin, followed by knockout rounds. More information about eligibility, important dates and selection criteria will be available on the UWA Faculty of Law Website.

"Gibbs was a great opportunity to focus on fascinating and current areas of Australian constitutional law. It was really good to work with other students to put together our written and oral submissions. The competition was really fun, and a good chance to meet law students from around Australia." Chris, Gibbs Moot Team

COMPETITIONS HANDBOOK 2016 40

Baker & McKenzie National Women’s Moot WHAT IS IT? The Home page of the Baker & McKenzie National Women’s Moot gives a description of the Moot. It is as follows: “The National Intervarsity Women’s Mooting Tournament was first introduced in 2011 by the Sydney University Law Society (“SULS”) in conjunction with the NSW Young Lawyers Special Committee of Law Students’ Societies (“SCLSS”). It is aimed at addressing the equity issues facing women at the bar and is the only national moot in which all competitors must be female.” It is a national moot, where mooters must all be female. More information about eligibility, important dates and selection criteria will be available on the UWA Faculty of Law Website.

“There is no substitute for having to construct an oral argument and answer questions about it. Further, Mooting attracts some of the best law students around. I have had the privilege of working alongside some really talented people who I know are going to go on and achieve great things.” Shannon, 2015 Women’s Moot team

COMPETITIONS HANDBOOK 2016 41

Phillip C. Jessup International Law Moot

The FAQ section of the International Law Students Association website gives a description of the Moot. It is as follows: “The Philip C. Jessup International Moot Court Competition is an advocacy competition for law students. Teams of law students compete against one another through the presentation of oral and written pleadings to address timely issues of public international law in the context of a hypothetical legal dispute between nations. The Compromis is the springboard for the Jessup Competition. Written by leading scholars of international law, the Compromis is a compilation of agreed upon facts about the dispute that is submitted for adjudication to the International Court of Justice (ICJ), the primary judicial organ of the United Nations. After the Compromis is released, students begin researching and preparing arguments for both sides of the dispute, drafting and editing written pleadings, called “memorials,” and practicing oral presentations. Each team prepares two written memorials and two 45-minute oral presentations, one for each party to the dispute (the “Applicant” and the “Respondent”).” More information about eligibility, important dates and selection criteria will be available on the UWA Faculty of Law Website.

"Jessup is by far the most challenging but also the most rewarding thing I have ever done at university. The timecommitment required is intense, as is the pressure you inevitably put on yourself, however the results are amazing! I would highly recommend it to anyone who has an interest in public international law, advocacy, or who is just wanting to develop their legal writing, research and speaking skills. You will not regret it!" Isabella, 2015 Jessup Team

COMPETITIONS_HANDBOOK_2016 FINAL FINAL FINAL.pdf ...

Ashurst Student Paper 18. Herbert Smith Freehills Negotiation 20. Jackson McDonald First Year Mooting 22. Australia Red Cross International Humanitarian ...

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